each of us, and he at the same time published and declared the same so subscribed to be his last will and testament; and we, at the testator's request, and in his presence, and in the presence of each other, have signed our names as witnesses thereto.

Frederick Billings.

James R. Bolton.

D. B. Northrop.


statutory provisions and judicial deci-
sions 51

of married women 52, 54

proper officers to take 52

subscribing witness to 55

notary cannot alter .... 56

proof of satisfaction 56

refusal to testify 56

in a foreign country 58

by a notary 616


by partv known to the officer 57

where the identity of tbe party is proven

to the officer 57

by attorney known to the officer 68

proof by subscribing witness known or

proven to the officer. 58

by husband and wife known to the officer 59

by husband and wtfe proven to the officer 50
proof where subscribing witnesses are

dead or absent 60

execution of deed by corporation...... 60

by married woman, whose husband ts

not redding in the state 61

by servant on a service contract 62

by attorney proven to the officer. 62

by an executor, administrator, or trustee 62

by a sheriff. 68

by a party to confirm deed made in in-
fancy . ' , 68

proof by witness known to officer 63

proof by witness proven to officer 64

proof by witness to deed by attorney... 64

Dy husband and wife in Oregon 64

by husband and wife in Washington 66

and satisfaction or mortgage 65

application for submenu, Ac 67

subnoana to subscribing witness 67

affidavit of service of same 68

warrant airalnat witness.. 68

commitment of witness 68

oath to witness 69

oath to deponent 69


upon contracts 206, 212

upon iudgments 212

against officer 212


bills of exchange. 144

see Exrcr/TOrH, Ac.


in bills and notes . 144

in coutracts 208,204


soe Contracts.

see Estrays, Ac.


statutory provisions •

who andat what age may be bound.... 70

bv whom consent given 70

duties |1

1ndians cannot be J*

rights of master and '*

annulling contract of 7*

absenting and refusing to return 73

minor 1ndian J5

in Oregon . TM

in Washington **


indenture *8

consent of father or mother »• 79

consent of guardian J*

consent of supervisors, Ac J9

certificate of justice "J

father's agreement 80

servant's indenture 81

contract of service of minor 81

a complaint by master against.. 82

warrant on foregoing complaint 83

commitment of 83

discharge of 84

petition to court by 84

citation to master •. MM 85

certificate to bind out an 1ndian minor.. 85
order transferring 1ndian minor to new

muster 86

contract to service by 1ndian jL** 86


statutory provisions 88

qualifications, awards, power ....... 88

filing award, vacating award 89

modification of award 80

subject to appeal 89

judicial decisions 90

Oregon 92


general submission to 95

special submission to 95

condition of bond on 96

notice to arbitrators *.. 97

notice of hearing, 97

arbitrator's oath 97

snbiKena on arbitration 98

oath of witness 96

revocation of 98

notice of revocation of 99

award 99

ABB1TRAT1ON— Form: rxnw
release in performing award TM


(civil case) see Attachment And Arrest.
(criminal case) see Magistrate.


void in fraud '' J***

what constitutes an JJ*

what constitutes fraud in lira

1n insolvency'

1n Oregon J«

Washington tu*


bills and notes


simple assignment 1^5

or bond M*

of note and mortgage 1nu

of bond and mortgago JuJ

oflease W>

of judgment 'yjj

of debt, or wages 1J8

of pulley of insurance 1W

of policy as security ljjj

of seaman's wages. J"*

of patent H1

general assignment by insolvent, fur Ore-
gon H)

transfer of stock

in insolvency 446

of mining claim 5S4, 585

of lease by way of mortgage 610

of tax certificate 788


statutory provisions ,«

when for debts. H4

powers, securities 115»

order of arrest, when obtained and

where 115. 11fi,

in what court HTM

arrest by coront-T »©»

of property mortgaged 15'

clerks...." }Jg

justices'courts H8

act for relief of imprisoned debtor 117


affidavit for attachment 118

undertakini: <>n attachment 119

writ of attachment 120

affidavit for order of arrest 121

undertaking on arrest 121

order of arrest 122

notice by imprisoned debtor 143

oath of 1mprisoned debtor 123

order for discharge of 128


statutory provisions 124

bonds of licenses 124

record of sale of cstrays 821

license not transferable 125

judicial decisions 128

contract with 204, 126

stolen property 127


bond of 127

justification of surety of 128

application for license 128

oath of ... 128


remarks 129

assignment 129

chattel mortgage seal 129


bill of sale 129

of poods and chattels 129

of registered or enrolled vessel. 130


remarks 131

auctioneers 124

single and conditional seal 181


assignment of 182

bottomry, respondentia 182, 188

alteration erasure 188



notaries' *15

public officers' °7o


common bond 188

bond to corporation 134

bond of two obligors 134

bond of indemnity on paying 1
bond for performance, to be es

contract . 135

bond to produce bill of lading 135

bottomry bond 186

bond of indemnity 187

legatees' bond.... 188

of executor or administrator 840

guardian's bond 871

guardian's bond on sale of real estate... 375

of guardian of insane person 48S

to perform mining contract. 668

official bond see u Public Officsrf

to sheriff «98

bond of indemnity 69S


statutory provisions HJ

days of grace. 145

judicial decisions •'" 148

to order 144

surety 149

in insolvency « 488

negotiable paper 140

endorsement of 140,149

when negotiable 141* 148

guarantee - '41

consideration, date 149

foreign and inland drafts 149

checks, due bills,to order 142

assignment of 142

presentment, acceptance .148,144

protest 144, 145, 619


bill of exchange 1gj

a set of bills of exchange 158

bank check 1«

note negotiable *....^..- V6m

note not negotiable .A.. 151

note payable on demand 151

note payable at a banker's 151

note to accompany mortgage. 151

note secured by collateral 152

note payable by instalments 152

memorandum note 152

due bill 158

draft or order ■**

note payable in specific articles 153

forms of endorsement of 153

notice of protest of 154


statutory provisions 155

when a bill of sale 199

what made upon fes«'''

recording, redemption 156

attachment of. 157

provision 158

judicial decisions 159

statute law of Oregon lot>


chattel mortgage for furniture 160

same on mining claim 162

same by a water rigiit company 592

same on vessel 104

same Tor Oregon 185

affidavit to same in Oregon. 185

notice of sale under—for Oregon 186

CLERK— *aom

statutory provisions 167

in arbitration 88, 89

in attachment and arrest 115

in reoord%sealing,and certifying— 169, 170

how chosen, office hours, duties 107

deputies' bonds 168

lees 169

duties 1n divorces. 897


forms of oath 171

oath to foreman of grand jury 171

oath to the other grand jurors 172

oath as to excuse of juror 172

oath of triers of challenge to juror 172

finding of the triers 172

oath as to competency of jurors 172

oath of empanelled jury 172

oath of interpreter 178

oath on voir dire • 178

oath of a witness 178

oath of officer retiring with a juror or

jurors 178

same on a recess of court 174

of officer on taking jury out to deliber-
ate 174

form of taking a verdict 174

verdict of guilty or not 174

verdict on question of insanity (criminal

case) 174

same on plea of former acqultal 175

special verdict.. 175

verdict on issues from Probate Court to

District Court 175

verdicts in civil cases 175

form of polling the jnry 176

entry or default 176

form of docketing a judgment 177

minute entry of election of associate

justices 177

Appointment of temporary associate jus-
tice 178

form of certifying indictment to District


subpcena and return of service (criminal

case) 179

affidavit as to residence of witness 180

order to serve subpiena out of the county iS0

order against defaulting witness 181

writ of attachment 181

bench warrant on presentment 181

bench warrant on indictment 182

recognizance before 1ndictment 182

recognizance after indictment 188

recognizance on a recommitment. 188

form of plea 184

change of venue 184

order forfeiting bail 183

order forfeiting money deposited as ball, 1»5

judgment entry, grand larceny 186

judgment entry, additional sentence.... 186

trial of issue of insanity 187

entry of verdict on issue of former ac-
quittal 186

subpcena (civil case) 188

judgment-entry in a civil case where

fraud ts found 189

confession of judgment . 190

entry of judgment on confession. 190

order transferring cause, 191

order appointing elisor. 191

entry of admission to citizenship 192

order confirming mortgage sale 192

order for execution for deficiency 192

writ of venditioni exponas 198

order for writ of assistance 198

writ of assistance 194

execution 195

order for removal of cause to TJ. 9. court, 197
certificate to transcript on appeal 197

CLERK—Forms. Pacn

certificate of official character 1DS

certificate of exemplification of record.. 198

certificate of signature of clerk 199

certificate to copy record on paper 199

certificate ofjudgc to attestation of clerk, 20o
certificate of clerk to signature of judge, 200

CONST1TUT1ON of California 17

Aet. Sac.
Absence from State, of Governor,
duties to devolve on lieutenant-
governor 5 17

on business of state, not to affect

residence 11 19

Adm>ssion into the Union, senators
and representatives to request

Schedule 12

Agriculture, to be encouraged 9 2

Apportionment, of senators and as-
semblymen 4 29

same.. Schedule 14

Assembly, members <>/, when and

how chosen 4 8

term of office 4 3

to be qualified electors 4 4

must be citizens of the state one
year, and of the county six

months 4 5

Assembly, shall have solo power of 4 18

1mpeachment, number of 4 29

districts, how formed 4 80

Aseocbitions, for deposit of gold and

silver may be formed 4 84

not to issue paper to circulate as

money 4 84

to be prohibited by law from

banking, etc 4 85

Attainder, bill of. prohibited 1 16

Attorney-General, liable to im-
peachment 4 19

how chosen, term and eligibility. 6 1S

how chosen 5 20

Bail, excessive, not to be required.. 1 6
all persons entitled to—exception, 1 7

Ballot, all elections to be by 2 6

Banks, no charter to be granted ,4 84
associations may be formed for de-
posit, etc 4 84

such association not to issue paper

to pass as money 4 84

Boundary, of state 12

Bribery, person convicted, disquali-
fied for office 11 17

laws shall bo made disqualifying

snch persons 11 18

disqualifications of persons con-
victed of 11 1S

Census to be taken in 1852 and

and every ten years thereafter, 4 CS
CUies and \ Wages, provision to be
made for incorporating, and re-
stricting taxation, debts, etc 4 37

Clerk', of supreme court, election

of, to be provided for 6 7

connty clerk, election to be pro-
vided for 8 7

connty clerk ea> officio clork of

district court 6 7

Commissions, form of 5 15

Controller of State, liable to im-
peachment 4 19

how chosen, term of office, and

eligibility 5 18

how chosen and elected 5 20

compensation of 5 21

Conviliatwn, tribunals for . 6 18

Congressional Districts, how formed 4 80

OonsMtnUon, mode of amending 10 1

mode of revising and changing... 10 2
elfect of Schedule 8

CONST1TUT1ON of California— Aar. 8*0.
Constitution, who entitled to rote

on adoption of Schedule 5

when and how submitted to peo-
ple Schedule 6

copy to be forwarded to the presi-
dentofthe United States, Sched-
ule 7

certified copy to be furnished sen-
ators and representatives in Con-
gress Schedule 19

Contracts, obligation of, not to be

impaired 1 1*

existing, not to be affected. Sched-
ule 1

Coroner, election of, to be provided

for 6 7

Corporation*, how formed 4 81

laws creating, may be altered or

repealed 4 S1

dues from, how secured 4 82

definition of 4 83

right to sue, etc 4 88

banking prohibited 4 84

to be prohibited by law from
banking and issuing paper

money 4 35

liability of stockholders 4 86

municipal' to be restricted in the
power of taxation, contracting

debts, etc 4 87

state shall not be stockholder in. 11 10
County Court, election of judge uf,

term of office, duties, etc 6 8

jurisdiction 6 9

compensation of judge not to be
increased or dimimshed during

term 6 1d

County {<<,< <. '.m, system of, to

be established 11 4

Court of Sestriitns, how composed. ..6 6

jurisanction, duties, etc 6 8

Courts, causes to be removed to

courts created Schedule 2

Credit of State, not to be loaned, etc 11 10
Crime, rights of persons charged

with 1 8

disqualifications of persons con-
victed of certain 11 18

existing prosecutions not affect-
ed Schedule 1

Debts, state, limitation to creation of 8
not to extend to first legislature,

Schedule 16

statement of receipts and expendi-
tures to be published annually

with laws 4 28

DefulcAition. See Embezzlement,
District Attorney, election of, to be

provided for 6 7

District CourU, judges of, liable to

impeachment 4 19

jndges, how elected and term 8 5

jurisdiction of (original) 6 6

in criminal cases and issues of fact

from probate court, unlimited.. 6 6
county clerk eas officio clerk of... 6 7
time and place of holdiug to be

provided for 6 10

compensation of judge not to be
increased or diminished during

term 6 15

judge 1neligible to any other office

during term 6 16

District, congressional, senatorial,

etc., how formed 4 30

Divorce, shall not be granted by the

legislature 4 26

Education 9

Election, who entitled to vote at... 2 1

CONST1TUT1ON of California— Ast. Sac.
Election, voter privileged from arrest 2 2
exempt from military duty on day

of election 2 8

residence not to be affected by
presence or absence in employ

of government 2 4

who not entitled to vote at % 5

to be by ballot 8 6

by legislature, to be viva voce

and entered on journal 4 88

free suffrage, to be supported by

laws regulating 11 18

laws shall be passed prohibiting
bribery,tumu1t,undue influence,

etc., at 11 18

plurality to elect 11 20

who entitled to vote at first

Schedule 5

for adoption of the constitution,

how conducted Schedule 6

officers to be elected at first, Do. 8

Electors, qualification of 2 1

privileged from arrest 8 2

exempt from militia duty on day

of election 2 8

who disqualified from being 2 5

Embezzlement, to be punished as a

felony 4 22

person guilty of. incapacitated

from holding office 4 22

Executive Department, supreme
executive power vested in the

governor 5 1

Ear postfacto law, forbidden 1 16

Fees, not to be received by certain

officers to their own use 5 21

not to be received by judicial offi-
cers, except justices of the peace 6 11
Tines, excessive, not to be im-
posed 1 6

Fiscal Year, to commence July

first 11 8

Foreigners, rights of property of,

secured. 1 17

Forgery, disqualifications of persons

convicted of 11 18

Governor, may convene legislature

by proclamation 4 2

to issue writs of election to fill

vacancies in legislature 4 18

to approve all laws 4 17

liable to impeachment 4 19

supreme executive power vested 1n 6 1
how and when elected, and term

of office 8 2

qualifications of 6 8

returns of election for, how made
and published 5 4

filurality to elect 5 4

n case of tie, legislature to elect 5 4

shall be commander-in-chief 6 5

shall transact all executive busi-
ness with the officers of govern-
ment, etc 5 6

may require information, in writ-
ing, from the officers, on any
subject relating to their duties. 6 6
shall see that the laws are faith-
fully executed . 5 7

shall 'have power to fill vacancies

in office 5 8

may convene the legislature by

proclamation 5 9

shall communicate, by message, to
the legislature annually, the con-
dition of the state, etc 5 10

may adjourn the legislature in case
of disagreement between the
two houses 5 11

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